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2018 Georgia Code 18-3-31 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 18-3-31 Case Law from Google Scholar Amendments to OCGA 18-3-31

TITLE 18 DEBTOR AND CREDITOR

Section 3. Attachment Proceedings, 18-3-1 through 18-3-75.

ARTICLE 2 LEVY AND REPLEVY OF PROPERTY GENERALLY

18-3-31. Levy by officer of attachments in order received; entry of time and date of levy on attachment; levy upon land and attachment entry on docket by clerk.

In all cases it shall be the duty of the officer levying attachments to levy them in the order in which they come into his hands, and it shall be his duty to enter upon the same the year, month, day, and hour on which he made the levy. Where the levy is upon land, the attachment must be entered on the execution or attachment docket by the clerk of the superior court in order to be good against third persons acting in good faith and without actual notice.

(Ga. L. 1855-56, p. 25, § 19; Code 1863, § 3208; Code 1868, § 3219; Code 1873, § 3286; Code 1882, § 3286; Ga. L. 1892, p. 58, § 1; Civil Code 1895, § 4532; Civil Code 1910, § 5077; Code 1933, § 8-203.)

History of section.

- The language of this Code section is derived in part from the decision in Deveney, Hood & Co. v. Burton, 110 Ga. 56, 35 S.E. 268 (1900).

JUDICIAL DECISIONS

Omission of description of property on attachment docket.

- Though entry on attachment docket respecting attachment upon land does not contain description of the property, it may not be taken advantage of by a claimant to the property who acquired the property under fraudulent circumstances. Deveney, Hood & Co. v. Burton, 110 Ga. 56, 35 S.E. 268 (1900).

Nature of lien of judgment creditor; limitation of judgment's scope.

- Lien of a judgment creditor is not a lien acquired by contract; but is given by law. The judgment creditor is not, therefore, in the position of a bona fide purchaser, and the judgment creditor's lien extends only to property levied upon which actually belongs to the defendant in attachment. Parker v. Boyd, 208 Ga. 829, 69 S.E.2d 760 (1952).

Cases Citing Georgia Code 18-3-31 From Courtlistener.com

Total Results: 2

Crossroads Bank of Georgia v. Corim, Inc.

Court: Supreme Court of Georgia | Date Filed: 1992-07-16

Citation: 418 S.E.2d 601, 262 Ga. 364, 18 U.C.C. Rep. Serv. 2d (West) 643, 92 Fulton County D. Rep. 1414, 1992 Ga. LEXIS 586

Snippet: after-acquired property (see OCGA §§ 18-3-30; 18-3-31) in order to become a lien creditor. Furthermore

Manry v. Stephens

Court: Supreme Court of Georgia | Date Filed: 1940-04-11

Citation: 9 S.E.2d 58, 190 Ga. 305, 1940 Ga. LEXIS 437

Snippet: Ga. 118 (2), 120; Bessman v. Girardey, 66 Ga. 18 (3), 31;Rhodes v. Hart, 51 Ga. 320 (3), 323; Renew v